Copyright's Other Functions

Chicago-Kent Journal of Intellectual Property, Vol. 15 (2016)

Seattle University School of Law Research Paper No. 16-14

16 Pages Posted: 5 Jun 2016 Last revised: 15 Jun 2016

Margaret Chon

Seattle University School of Law

Date Written: June 3, 2016

Abstract

This response to a keynote speech by Judge Margaret McKeown explores some dimensions of copyright in addition to its dominant function as a set of market-facilitating exclusive rights. The recent possible trend towards protecting privacy and other non-commercial concerns via copyright law is not necessarily inconsistent with its historical usages, does not necessarily threaten freedom of expression and may further important privacy policies. The balance of these competing policies is shifting, especially in an environment of proliferating digital content where cyber civil rights may need further development in response to cyberbullying. It examines the specific case of non-consensual pornography as a means of exploring possible doctrinal and policy directions. Ultimately it endorses a less formalistic and more flexible use of copyright to address harms currently under-recognized by our existing legal frameworks.

Keywords: Copyright, Cyber Civil Rights, First Amendment, Free Expression, Non-consensual Pornography, Privacy

Suggested Citation

Chon, Margaret, Copyright's Other Functions (June 3, 2016). Chicago-Kent Journal of Intellectual Property, Vol. 15 (2016); Seattle University School of Law Research Paper No. 16-14. Available at SSRN: https://ssrn.com/abstract=2789876 or http://dx.doi.org/10.2139/ssrn.2789876

Margaret Chon (Contact Author)

Seattle University School of Law ( email )

901 12th Avenue, Sullivan Hall
P.O. Box 222000
Seattle, WA n/a 98122-1090
United States

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